DGX-230/YPG-235 Owner’s Manual 113
A TTENTION
SOFTW ARE LICENSE AGREEMENT
PLEASE READ THIS SOFTW ARE LICENSE A GREEMENT (“ AGREE-
MENT”) CAREFULL Y BEFORE USING THIS SOFTW ARE. YOU ARE
ONL Y PERMITTED TO USE THIS SOFTW ARE PURSU ANT T O THE
TERMS AND CONDITIONS OF THIS AGREEMENT . THIS A GREEMENT
IS BETWEEN Y OU (AS AN INDIVIDU AL OR LEGAL ENTITY) AND
Y AMAHA CORPORA TION (“Y AMAHA”).
BY BREAKING THE SEAL OF THIS P ACKA GE YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NO T
AGREE WITH THE TERMS, DO NO T INST ALL, COPY , OR OTHER WISE
USE THIS SOFTW ARE.
1. GRANT OF LICENSE AND COPYRIGHT
Yamaha hereby grants you the right to use one cop y of the softw are program(s)
and data (“SOFTW ARE”) accompanying this Agreement. The term SOFT -
W ARE shall encompass any updates to the accompan ying softw are and data.
The SOFTW ARE is owned by Y amaha and/or Y amaha’ s licensor(s), and is pro-
tected by rele vant cop yright laws and all applicable treaty pro visions. While
you are entitled to claim o wnership of the data created with the use of SOFT -
W ARE, the SOFTW ARE will continue to be protected under rele vant cop y-
rights.
• Y ou may use the SOFTW ARE on a single computer.
• Y ou may make one copy of the SOFTW ARE in machine-readable form for
backup purposes only , if the SOFTW ARE is on media where such backup
copy is permitted. On the backup cop y , you must reproduce Y amaha’ s copy-
right notice and any other proprietary le gends that were on the original copy
of the SOFTW ARE.
• Y ou may permanently transfer to a third party all your rights in the SOFT -
W ARE, provided that you do not retain an y copies and the recipient reads
and agrees to the terms of this Agreement.
2. RESTRICTIONS
• Y ou may not engage in rev erse engineering, disassembly , decompilation or
otherwise deri ving a source code form of the SOFTW ARE by any method
whatsoev er .
• Y ou may not reproduce, modify , change, rent, lease, or distribute the SOFT -
W ARE in whole or in part, or create deri vati ve w orks of the SOFTW ARE.
• You may not electronically transmit the SOFTW ARE from one computer to
another or share the SOFTW ARE in a network with other computers.
• Y ou may not use the SOFTW ARE to distribute ille gal data or data that vio-
lates public policy .
• Y ou may not initiate services based on the use of the SOFTW ARE without
permission by Y amaha Corporation.
Copyrighted data, including b ut not limited to MIDI data for songs, obtained
by means of the SOFTW ARE, are subject to the follo wing restrictions which
you must observe.
• Data recei ved by means of the SOFTW ARE may not be used for any com-
mercial purposes without permission of the cop yright o wner .
• Data recei ved by means of the SOFTW ARE may not be duplicated, trans-
ferred, or distrib uted, or played back or performed for listeners in public
without permission of the cop yright owner .
• The encryption of data recei ved by means of the SOFTW ARE may not be
remov ed nor may the electronic watermark be modifi ed without permission
of the copyright o wner .
3. TERMINA TION
This Agreement becomes ef fective on the day that you recei v e the SOFT -
W ARE and remains effecti ve until terminated. If an y copyright law or provi-
sions of this Agreement is violated, the Agreement shall terminate
automatically and immediately without notice from Y amaha. Upon such termi-
nation, you must immediately destro y the licensed SOFTW ARE, any accom-
panying written documents and all copies thereof.
4. LIMITED W ARRANTY ON MEDIA
As to SOFTW ARE sold on tangible media, Y amaha warrants that the tangible
media on which the SOFTW ARE is recorded will be free from defects in mate-
rials and workmanship under normal use for a period of fourteen (14) days
from the date of receipt, as e videnced by a cop y of the receipt. Y amaha’ s entire
liability and your exclusi v e remedy will be replacement of the defecti ve media
if it is returned to Y amaha or an authorized Y amaha dealer within fourteen days
with a copy of the receipt. Y amaha is not responsible for replacing media dam-
aged by accident, ab use or misapplication. TO THE FULLEST EXTENT
PERMITTED BY LA W , Y AMAHA EXPRESSL Y DISCLAIMS ANY
IMPLIED W ARRANTIES ON THE T ANGIBLE MEDIA, INCLUDING THE
IMPLIED W ARRANTIES OF MERCHANT ABILITY AND FITNESS FOR
A P AR TICULAR PURPOSE.
5. DISCLAIMER OF W ARRANTY ON SOFTW ARE
Y ou expressly acknowledge and agree that use of the SOFTW ARE is at your
sole risk. The SOFTW ARE and related documentation are provided “ AS IS”
and without warranty of an y kind. NO TWITHST ANDING ANY O THER
PR O VISION OF THIS A GREEMENT , Y AMAHA EXPRESSL Y DIS-
CLAIMS ALL W ARRANTIES AS T O THE SOFTW ARE, EXPRESS, AND
IMPLIED, INCLUDING B UT NO T LIMITED T O THE IMPLIED W AR-
RANTIES OF MERCHANT ABILITY , FITNESS FOR A P AR TICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD P AR TY RIGHTS.
SPECIFICALL Y , BUT WITHOUT LIMITING THE FOREGOING,
Y AMAHA DOES NO T W ARRANT THA T THE SOFTW ARE WILL MEET
YOUR REQ UIREMENTS, THA T THE OPERA TION OF THE SOFTW ARE
WILL BE UNINTERR UPTED OR ERR OR-FREE, OR THA T DEFECTS IN
THE SOFTW ARE WILL BE CORRECTED.
6. LIMIT A TION OF LIABILITY
Y AMAHA ’S ENTIRE OBLIGA TION HEREUNDER SHALL BE TO PER-
MIT USE OF THE SOFTW ARE UNDER THE TERMS HEREOF . IN NO
EVENT SHALL Y AMAHA BE LIABLE T O Y OU OR ANY O THER PER-
SON FOR ANY DAMA GES, INCLUDING, WITHOUT LIMIT A TION, ANY
DIRECT , INDIRECT , INCIDENT AL OR CONSEQUENTIAL D AMA GES,
EXPENSES, LOST PR OFITS, LOST D A T A OR O THER D AMA GES ARIS-
ING OUT OF THE USE, MISUSE OR IN ABILITY T O USE THE SOFT -
W ARE, EVEN IF Y AMAHA OR AN A UTHORIZED DEALER HAS BEEN
AD VISED OF THE POSSIBILITY OF SUCH D AMA GES. In no e vent shall
Y amaha’ s total liability to you for all damages, losses and causes of action
(whether in contract, tort or otherwise) e xceed the amount paid for the SOFT -
W ARE.
7. THIRD P ARTY SOFTW ARE
Third party software and data (“THIRD P AR TY SOFTW ARE”) may be
attached to the SOFTW ARE. If, in the written materials or the electronic data
accompanying the Softw are, Y amaha identifies an y software and data as
THIRD P AR TY SOFTW ARE, you ackno wledge and agree that you must abide
by the provisions of an y Agreement provided with the THIRD P AR TY SOFT -
W ARE and that the party providing the THIRD P ARTY SOFTW ARE is
responsible for any w arranty or liability related to or arising from the THIRD
PA RTY SOFTW ARE. Y amaha is not responsible in an y way for the THIRD
PA RTY SOFTW ARE or your use thereof.
•Yamaha provides no e xpress warranties as to the THIRD P AR TY SOFT -
W ARE. IN ADDITION, Y AMAHA EXPRESSL Y DISCLAIMS ALL
IMPLIED W ARRANTIES, INCLUDING BUT NO T LIMITED TO THE
IMPLIED W ARRANTIES OF MERCHANT ABILITY AND FITNESS FOR
A P AR TICULAR PURPOSE, as to the THIRD P AR TY SOFTW ARE.
•Yamaha shall not pro vide you with any service or maintenance as to the
THIRD P AR TY SOFTW ARE.
•Yamaha is not liable to you or an y other person for an y damages, including,
without limitation, an y direct, indirect, incidental or consequential damages,
expenses, lost profits, lost data or other damages arising out of the use, mis-
use or inability to use the THIRD P AR TY SOFTW ARE.
8. GENERAL
This Agreement shall be interpreted according to and go verned by Japanese
law without reference to principles of confl ict of la ws. Any dispute or proce-
dure shall be heard before the T okyo District Court in Japan. If for an y reason a
court of competent jurisdiction finds an y portion of this Agreement to be unen-
forceable, the remainder of this Agreement shall continue in full force and
effect.
9. COMPLETE A GREEMENT
This Agreement constitutes the entire agreement between the parties with
respect to use of the SOFTW ARE and any accompan ying written materials and
supersedes all prior or contemporaneous understandings or agreements, writ-
ten or oral, reg arding the subject matter of this Agreement. No amendment or
revision of this Agreement will be binding unless in writing and signed by a
fully authorized representati ve of Y amaha.